Tenant Checklist: BGH Rulings in Germany
As a tenant in Germany you often need to understand technical details and deadlines when BGH rulings affect complex tenancy law issues. This practical guide explains how to apply BGH decisions in practice, which statutory bases in the BGB are relevant and when the local court is competent. You will receive a clear checklist for documentation, deadlines, forms and contact points such as tenant associations or advisory offices so you can meet deadlines and assert your rights. Examples show how to report defects in writing, calculate rent reductions and, if necessary, apply for legal aid. The text avoids legal jargon and offers concrete steps for real cases in Germany. I also explain which official forms are relevant, how to set deadlines and which evidence photos and documents are particularly important.
BGH rulings and what they mean for tenants
The Federal Court of Justice (BGH) establishes important precedent in individual cases that affects the concrete conduct of landlords and tenants. Follow BGH decisions to see how courts rule on issues such as rent reduction, cosmetic repairs or termination rights.[2]
Practical checklist for complex cases
- Documentation: collect photos, timestamps, witnesses and payment receipts.
- Send a written defect notice to the landlord and prove receipt.
- Set deadlines: demand remedy within a reasonable period and document the deadline.
- Check rent reduction: calculate the percentage reduction and justify it.
- Repairs: if the landlord does not respond, document any remedial work and keep invoices.
- Court steps: for lawsuits or evictions the local court is usually responsible; check whether legal aid is available.[3]
Important forms
- Application for legal aid (Prozesskostenhilfe, PKH) – form at the relevant judicial portal or local court; used when you cannot bear court costs (example: eviction proceedings with expected lawyer fees).
- Application for advice assistance (Beratungshilfe) – for out-of-court legal help when you need an initial legal assessment.
- Application for a housing entitlement certificate (WBS) – apply at the competent housing office of the city or district, relevant for subsidized housing.
Examples: A tenant sends a written defect notice with a 14-day deadline; if the landlord does not react, the tenant documents repair costs and may apply for legal aid if eviction proceedings follow.
FAQ
- Can I reduce the rent because of mold?
- Yes, under certain conditions a rent reduction is possible. Important are the extent of the defect, duration, cause and documentation.
- Who decides on an eviction lawsuit?
- The local court (Amtsgericht) is usually responsible for eviction lawsuits and tenancy disputes.
- Where can I find the relevant laws?
- The most important rules are in the German Civil Code (BGB), in particular §§ 535–580a.
How-To
- Collect evidence: store photos, dates, witnesses and payment receipts chronologically.
- Notify defects in writing: send a written defect notice to the landlord and request acknowledgement of receipt.
- Set a deadline: set a reasonable deadline (e.g. 14 days) and document the response.
- Seek advice: contact tenant associations, advisory offices or a lawyer.
- Calculate rent reduction: determine the rent reduction and notify the landlord if the defect persists.
- File suit if necessary: file at the local court and check legal aid options.[3]
Help and Support / Resources
- Gesetze im Internet: BGB
- Federal Court of Justice: Decisions
- Judicial Portal: Forms and Court Information
